Children, by nature, are inherently curious. This curiosity is critical to the development of children as they learn more about the world around them. In some instances, however, this curiosity can be dangerous. Unfortunately, you may find that your child was injured on another person’s property as a result of hazards or fixtures on the premises. If this is the case, you may wonder if the state has an attractive nuisance doctrine. The following blog explores what you should know about this process, including the importance of working with a Sacramento personal injury lawyer to help you explore your legal options during this complex matter.
What Is an Attractive Nuisance, and Does California Recognize This?
Across the United States, a number of states have adopted an attractive nuisance doctrine. Essentially, this holds property owner liable for injuries to children on their property who engage with hazards or fixtures that are not properly secured. Common fixtures that are considered attractive nuisances include pools, trampolines, wells, old appliances, construction equipment, and landscaping features. Generally, property owners who have these fixtures are required to take additional steps to take reasonable care to prevent a child, who may not understand the danger, from interacting with these hazards.
It is critical to understand, however, that California does not have an attractive nuisance doctrine. Instead, all property owners are responsible for taking reasonable measures to ensure their property is safe. Additionally, property owners must warn those on their premises of dangers that are not inheirently visible.
What Should I Do if My Child Is Injured on Someone’s Property?
If your child wanders on to someone else’s property and is injured as a result, it’s important to understand that, just because California does not have an attractive nuisance doctrine, you are not barred from taking legal action. As homeowners have a general duty to ennsure their property is in reasonably safe condtion, if you can prove that the homeowne did not take resaonable care, such as not putting up a fence around their pool or failing to remedy an obvious hazard, they can be held liable for any injuuries your child sustained.
Unfortunately, you’ll find that navigating this type of lawsuit can be incredibly difficult, as you’ll need to prove that the action, or lack there of, by the homeowner did not adhere to California standards of ensuring a property is in reasonably safe condition.
If your child has been injured by a fixture on someone else’s property, it’s impertive to discuss your legal options with an experinced attorney. At the Law Offices of Dale R. Gomes, our team knows how difficult these matters can be to navigate, which is why we will do everything in our power to help you recover the compensation you are entitled to. When you need help, our firm is here. Contact us today to learn how we can assist you in fighting for the best possible outcome for your circumstances.
